[2013] KEHC 727 (KLR)
The court found that the evidence presented by the six prosecution witnesses was sufficient to establish a prima facie case against all three accused persons for the offence of murder under Section 203 as read with Section 204 of the Penal Code. Consequently, the court directed that each accused should be put on...
Source-derived case information.
- Citation
- [2013] KEHC 727 (KLR)
- Parties
- Respondent: Republic; Defendant: Buni Mwatela Maere alias Kabaseli; Defendant: Ali Juma Mwangombe; Defendant: Avis Mwamwaga
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons found to have a case to answer and ordered to give their defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Buni Mwatela Maere alias Kabaseli
Defendant
Ali Juma Mwangombe
Defendant
Avis Mwamwaga
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the evidence presented by the six prosecution witnesses was sufficient to establish a prima facie case against all three accused persons for the offence of murder under Section 203 as read with Section 204 of the Penal Code. Consequently, the court directed that each accused should be put on their defence to answer to the charge.
Court Disposition
Accused persons found to have a case to answer and ordered to give their defence.
Orders
- Each accused shall give his defence to the charge of murder.
- Defence hearing to proceed on 18th February, 2014.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 13 OF 2010
REPUBLIC…..……..……………........................................RESPONDENT
VERSUS
1. BUNI MWATELA MAERE alias KABASELI
2. ALI JUMA MWANGOMBE
3. AVIS MWAMWAGA……………………..……………………ACCUSED
RULING
The three accused persons herein are jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. I have carefully considered the evidence adduced by the six (6) prosecution witnesses. I am satisfied that a prima facie case has been established against all the three accused persons. I therefore direct that each accused shall give his defence to this charge.
Dated and delivered in Mombasa this 16th day of December, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Ayodo for State
Mr. Chebukaka for all three accused
Court Clerk Mutisya
Court:
Defence hearing to proceed on 18th February, 2014.
M. ODERO
JUDGE
16TH DECEMBER, 2013
Court:
Counsel to be supplied with copies of the proceedings.
M. ODERO
JUDGE
16TH DECEMBER, 2013